DOCSLIB.ORG

SECOND AMENDED PETITION for V

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
SECOND AMENDED PETITION for V Electronically Filed 6/3/2021 10:19 AM Steven D. Grierson CLERK OF THE COURT 1 APET RENE L. VALLADARES 2 Federal Public Defender Nevada Bar No. 11479 3 DAVID ANTHONY Assistant Federal Public Defender 4 Nevada Bar No. 7978 [email protected] 5 BRAD D. LEVENSON Assistant Federal Public Defender 6 Nevada Bar No. 13804C [email protected] 7 JOCELYN S. MURPHY Assistant Federal Public Defender 8 Nevada Bar No. 15292 [email protected] 9 411 E. Bonneville, Ste. 250 Las Vegas, Nevada 89101 10 (702) 388-6577 (702) 388-5819 (Fax) 11 Attorneys for Zane Michael Floyd 12 13 DISTRICT COURT CLARK COUNTY, NEVADA 14 ZANE MICHAEL FLOYD, Case No. A-21-832952-W 15 Dept. No. 17 Petitioner, 16 SECOND AMENDED PETITION FOR v. WRIT OF HABEAS CORPUS (POST- 17 CONVICTION) 18 WILLIAM GITTERE, Warden, Ely State Date of Hearing: Prison; AARON FORD; Attorney General, Time of Hearing: 19 State of Nevada (DEATH PENALTY CASE) 20 Respondents. EXECUTION SOUGHT BY THE 21 STATE FOR THE WEEK OF JULY 26, 2021 22 23 Case Number: A-21-832952-W 1 Petitioner, Zane Michael Floyd, hereby files this Second Amended Petition for 2 Writ of Habeas Corpus pursuant to Nevada Revised Statutes sections 34.724 and 3 34.820. Floyd alleges that he is being held in custody in violation of the Fifth, Sixth, 4 Eighth, and Fourteenth Amendments of the Constitution of the United States of 5 America; Article 1, sections Three, Six, Eight, and Nine and Article Four, section 6 Twenty-one of the Constitution of the State of Nevada; and the rights afforded him 7 under international law enforced under the Supremacy Clause of the United States 8 Constitution, U.S. Const. art VI, cl.2. 9 DATED this 3rd day of June, 2021. Respectfully submitted 10 RENE L. VALLADARES Federal Public Defender 11 12 /s/ David Anthony DAVID ANTHONY 13 Assistant Federal Public Defender 14 /s/ Brad D. Levenson BRAD D. LEVENSON 15 Assistant Federal Public Defender 16 /s/ Jocelyn S. Murphy 17 JOCELYN S. MURPHY Assistant Federal Public Defender 18 19 20 21 22 23 2 1 PROCEDURAL HISTORY 2 Name of institution and county in which you are presently imprisoned or 3 where and how you are presently restrained of your liberty: Ely State Prison, 4 located in White Pine County. 5 Name and location of court which entered the judgment of conviction under 6 attack: Eighth Judicial District Court, 200 Lewis Avenue, Las Vegas, NV 89101. 7 Date of judgment of conviction: September 5, 2000 8 Case Number: C159897 9 (a) Length of Sentence: 10 Count I: 72 – 180 months 11 Counts II, III, IV, and V: death by lethal injection Count VI: 96 – 240 months plus equal and consecutive enhancement 12 Count VII: Life with parole eligibility after 60 months 13 Counts VIII, IX, X, and XI: Life with parole eligibility after 120 months 14 to run consecutively with an additional life sentence of 120 months 15 Counts VI and VII are served consecutive to Count VIII; Count IV 16 served consecutive to Count VIII; Count X served consecutive to Count IX; and Count XI served consecutive to count X. 17 (b) If sentence is death, state any date upon which execution is scheduled: 18 The week of July 26, 2021. 19 Are you presently serving a sentence for a conviction other than the 20 conviction under attack in this motion? Yes [ ] No [ × ] 21 If “yes”, list crime, case number and sentence being served at this time: 22 Nature of offense involved in conviction being challenged: N/A 23 3 1 Nature of offense involved in conviction being challenged: 2 Zane Floyd was charged by information with, on or about June 3, 1999: 3 (1) burglarizing Albertsons while in possession of a firearm; (2) four 4 counts of murder with use of a deadly weapon for shooting Thomas 5 Michael Darnell, Dennis Troy Sergeant, Carlos Chuck Leos, and 6 Lucille Alice Tarantino, who died as a result of their injuries; (3) 7 attempted murder with use of a deadly weapon for shooting Zachary 8 Emenegger; (4) first degree kidnapping of Tracie Rose Carter with use 9 of a deadly weapon; and (5) four counts of sexual assault upon Tracie 10 Rose Carter with use of a deadly weapon. 11 What was your plea? 12 (a) Not guilty × (c) Guilty but mentally ill 13 (b) Guilty (d) Nolo contendere 14 If you entered a plea of guilty or guilty but mentally ill to one count of an 15 indictment or information, and a plea of not guilty to another count of an indictment 16 or information, or if a plea of guilty or guilty but mentally ill was negotiated, give 17 details: N/A 18 If you were found guilty after a plea of not guilty, was the finding made by: 19 (a) Jury × (b) Judge without a jury 20 Did you testify at the trial? Yes No × 21 Did you appeal from the judgment of conviction? Yes × No 22 If you did appeal, answer the following: 23 4 1 (a) Name of Court: Nevada Supreme Court 2 (b) Case number or citation: Floyd v. State, 118 Nev. 156, 42 P.3d 3 249 (2002) 4 (c) Result: Conviction and sentence affirmed. 5 If you did not appeal, explain briefly why you did not: N/A 6 Other than a direct appeal from the judgment of conviction and sentence, 7 have you previously filed any petitions, applications or motions with respect to this 8 judgment in any court, state or federal? Yes × No 9 If your answer to No. 15 was “yes,” give the following information: 10 (a) (1) Name of Court: Eighth Judicial District Court 11 (2) Nature of proceeding: State post-conviction Petition for Writ 12 of Habeas Corpus 13 (3) Ground raised: 14 I. The trial court committed constitutional error in 15 denying Defendant’s motion to sever counts for trial. 16 II. The trial court committed constitutional error in 17 denying Defendant’s motion for a change of venue. 18 III. The trial court committed constitutional error in 19 denying Defendant’s motion to dismiss statutory 20 aggravators based on a failure to find probable cause 21 for existence of aggravating circumstances. 22 23 5 1 IV. The trial court committed constitutional error by 2 improperly requiring Defendant to disclose expert 3 witness test results and allowing the State to make 4 use of that data in presenting penalty phase rebuttal 5 evidence. 6 V. The trial court committed constitutional error in 7 denying Defendant’s motion to suppress Defendant’s 8 statements. 9 VI. Prosecutorial misconduct during closing argument 10 requires that a new trial be conducted. 11 VII. Prosecutorial misconduct during the presentation of 12 victim-impact testimony at the penalty hearing 13 requires that a new penalty hearing be conducted. 14 VIII. Floyd’s conviction and death sentence are invalid 15 under the State and Federal guarantee of effective 16 assistance of counsel, due process of law, equal 17 protection of the law, cross-examination and 18 confrontation and a reliable sentence due to the failure 19 of trial counsel to provide reasonably effective 20 assistance of counsel. 21 IX. Trial counsel failed to make contemporaneous 22 objections on valid issues during trial and appellate 23 6 1 counsel failed to raise these issues on direct appeal, 2 both failures being in violation of Floyd’s rights under 3 the Sixth Amendment to effective counsel and under 4 the Fifth and Fourteenth Amendments to due process 5 and a fundamentally fair trial. 6 X. Trial counsel failed to request an instruction during 7 the penalty phase that correctly defined the use of 8 character evidence for the jury. 9 XI. Trial counsel failed to object and move to strike 10 overlapping aggravating circumstances and appellate 11 counsel failed to raise the issue on direct appeal. 12 XII. The malice instruction given to the jury contained an 13 unconstitutional presumption that relieved the State 14 of its burden of proof and violated Floyd’s presumption 15 of innocence. 16 XIII. Floyd’s conviction and sentence are invalid under the 17 State and Federal Constitutional guarantee of due 18 process, equal protection of the laws, and reliable 19 sentence due to the failure of the Nevada Supreme 20 Court to conduct fair and adequate appellate review. 21 XIV. Floyd’s conviction and sentence is invalid under the 22 State and Federal Constitutional guarantees of due 23 7 1 process, equal protection, impartial jury from cross- 2 section of the community and reliable determination 3 due to the trial, conviction, and sentence being 4 imposed by a jury from which African Americans and 5 other minorities were systematically excluded and 6 under-represented. 7 (4) Did you receive an evidentiary hearing on your petition, 8 application or motion? Yes No × 9 (5) Result: Denial of the Writ for Habeas Corpus 10 (6) Date of Result: February 4, 2005 11 (7) If known, citations of any written opinion or date of orders 12 entered pursuant to such result: District Court entered an 13 order of denial on February 4, 2005; Nevada Supreme Court 14 affirmed the denial on February 16, 2006. Nevada v. Floyd, 15 Order of Affirmance (Feb. 16, 2006). 16 (b) As to any second petition, application or motion, give the same 17 information: 18 (1) Name of court: Eighth Judicial District Court 19 (2) Nature of proceeding: Successive Petition for Writ of Habeas 20 Corpus 21 (3) Grounds raised: 22 23 8 1 I. Floyd’s convictions and death sentence are invalid 2 under state and federal constitutional guarantees of 3 due process, equal protection, the effective assistance 4 of counsel, and a reliable sentence due to the 5 ineffective assistance of counsel.
Load more

Recommended publications
  • Violent Offender Incarceration and Truth-In-Sentencing Incentive Formula Grant Program
    U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance REPORT TO CONGRESS Violent Offender Incarceration and Truth-In-Sentencing Incentive Formula Grant Program February 2012 Submitted by: Table of Contents Introduction 1 Funding History 1 Eligibility Requirements 2 Appendixes A. Fiscal Years 1996–2001 VOI/TIS Funding 4 B. VOI/TIS Program Activities by State 6 Introduction Title II, Subtitle A of the Violent Crime Control and Law Enforcement Act of 1994 (“Crime Act”) (Pub. L. 103-322), established the Violent Offender Incarceration and Truth-in-Sentencing (VOI/TIS) Incentive Grant Program. The program assisted states in their efforts to remove violent offenders from the community and encouraged states to implement TIS laws. Originally administered by the Office of Justice Programs’ (OJP) Corrections Program Office (CPO), the program was transferred to OJP’s Bureau of Justice Assistance (BJA) in November 2002 after an OJP-wide reorganization merged CPO with BJA. The VOI/TIS Program provided formula grants to states to build or expand correctional facilities and jails to increase secure confinement space for violent offenders. From fiscal years (FYs) 1996 to 2001, half of the funds were made available for VOI grants and half were available as incentive awards to states that implemented TIS laws. VOI/TIS grant funds allowed states to build or expand correctional facilities to increase bed capacity for the confinement of persons convicted of Part 1 violent crimes or adjudicated delinquents who had committed equivalent acts. Funds were also used to build or expand temporary or permanent correctional facilities, including facilities on military bases, prison barges, and boot camps; to confine convicted nonviolent offenders and criminal aliens; or to free suitable existing prison space for the confinement of persons convicted of Part 1 violent crimes.
    [Show full text]
  • State of Nevada Department of Administration Division of Internal Audits
    State of Nevada Department of Administration Division of Internal Audits Audit Report Department of Corrections Report No. 13-03 December 2012 INTRODUCTION At the direction of the Executive Branch Audit Committee, we conducted an audit of the Nevada Department of Corrections (Department). Our audit addressed the following four questions: ./ What is the Department's role? ./ What services must the Department provide? ./ Is the State the proper level of government to provide these services? ./ If State government is the appropriate level of government, is the Department carrying out its duties efficiently and effectively? Our audit focused on whether the Department can enhance oversight of doctors, expedite hiring processes and enhance the prison industries program. Department's Role and Public Purpose The Nevada State Prison was established in 1864; the name was changed to Department of Corrections in 2001. The Department is overseen by the Board of Prison Commissioners (Board) which consists of the Governor, Secretary of State, and the Attorney General. The Governor serves as the President of the Board, and the Secretary of State serves as the Secretary. The Department has seven correctional facilities, ten conservation camps, one restitution center and one transitional housing facility. In addition, the Department administers the Prison Medical Division and Silver State Industries (Prison Industries). The Director of the Department is appointed by the Governor and reports to the Board. The Director is responsible for the administration and supervision of all institutions and facilities. The Director is also responsible for employing individuals to facilitate the supervision, custody, treatment, care, security and discipline of all offenders under the jurisdiction of the Department.
    [Show full text]
  • Sentencing Reform and Alternatives to Incarceration
    Background Paper 87-6 SENTENCING REFORM AND ALTERNATIVES TO INCARCERATION TABLE OF CONTENTS I . I ntrod u ct i on. 1 II. Recommendations From Legislative Studies........ 2 A. Nevada Prison System Study.................. 3 B. Prison Master Plan Study.................... 5 C. Study Of Parole Function.................... 6 1. Senten c i n g Gu i de 1 in es . 6 2. Paro 1 e Gu i de 1 i ne s . 7 3. Revisions in Good Time Credits.......... 7 4. Expansion of Honor Camp Program......... 8 5. Expansion of Parole Board............... 8 D. Felony Sentencing Commission's Report....... 8 1. Pro bat i on Rev oc at i on s . 9 2. Con s ec uti ve Sen ten ces . 9 3. Mandatory Sentences..................... 9 4. Pre -Sen ten ce Report s . 9 5. Monetary Distinction Between Misdemeanor and Felony in Property Crimes........... 10 6. Further Study........................... 10 I I 1. Alternatives For Alcohol And Drug Offenders ..... 10 A. Alternatives To Incarceration For Convicted DU I Offe nder s . 10 B. Treatment Programs For Drunk Drivers........ 10 1. Arizona's Separate Facilities Approach.. 11 2. Nevada's Approach to DUI Convictions.... 12 ~ I V. Alter nat i ve s For Se x Off en der s . 13 A. Se x Offen der St at i s tic s . 13 B. Punishment Of Sex Offenders In Nevada....... 14 C. Methods Of Treatment For Sex Offenders...... 15 D. The Sex Offender Unit Correctional Treatment Program At The Oregon State Hospital........ 15 V. IIBoot Campll Incarceration....................... 17 A. State Programs.............................. 17 B. Program Results............................. 18 VI.
    [Show full text]
  • Judiciary Exhibit: N Page 1 of 110 Date: 03/31/2021 Submitted By
    LA 14-25 State of Nevada Performance Audit Fiscal Costs of the Death Penalty 2014 Legislative Auditor Carson City, Nevada Audit Fiscal Costs of the Death Penalty Highlights Summary Adjudicating death penalty cases takes more time and resources compared to murder cases where Highlights of performance audit report on the the death penalty sentence is not pursued as an option. These cases are more costly because Fiscal Costs of the Death Penalty issued on there are procedural safeguards in place to ensure the sentence is just and free from error. Based December 2. 2014. Legislative Auditor report on our sample of 28 cases and average costs we were able to accumulate, we estimate the death # LA14-25. penalty, from arrest through the end of incarceration, costs about $532,000 more than other murder cases where the death penalty is not sought, (page 10) Background________________ The death penalty in the United States is applied Cost Differential of the Death Penalty almost exclusively for the crime of murder. As $1,400,000 of August 2014. 32 states have laws allowing $1,307,000 $1,200,000 $1,202,000 death as a sentencing option although governors $1,032,000 in Washington and Oregon have issued $1,000,000 moratoriums on executions. $800,000 $775,000 Two U.S. Supreme Court cases significantly $600,000 impacted states’ laws regarding the death $400,000 penalty. Furman v. Georgia in 1972 invalidated death penalty laws because the legal system, as $200,000 it was then structured, allowed for the death $0 penalty to be imposed in an arbitrary manner.
    [Show full text]
  • State of Nevada Board of Examiners Public Meeting
    Governor Steve Sisolak Attorney General Aaron D. Ford Member Chairman Susan Brown Secretary of State Barbara K. Cegavske Clerk of the Board Member STATE OF NEVADA BOARD OF EXAMINERS 209 E. Musser Street, Room 200 / Carson City, NV 89701-4298 Phone: (775) 684-0222 / Fax: (775) 684-0260 http://budget.nv.gov/Meetings PUBLIC MEETING NOTICE AND AGENDA Date and Time: January 14, 2020, 10:00 AM Location: Old Assembly Chambers of the Capitol Building 101 N. Carson Street Carson City, Nevada 89701 Video Conference Location: Grant Sawyer Building 555 E. Washington Avenue, Ste. 5100 Las Vegas, Nevada 89101 AGENDA 1. Call to Order / Roll Call 2. Public Comment (The first public comment is limited to comments on items on the agenda. No action may be taken upon a matter raised under public comment period unless the matter itself has been specifically included on an agenda as an action item. The Chair of the Board will impose a time limit of three minutes). 3. Approval of the December 10, 2019 Minutes (For possible action) 4. State Vehicle Purchases (For possible action) Pursuant to NRS 334.010, no automobile may be purchased by any department, office, bureau, officer or employee of the state without prior written consent of the State Board of Examiners. # OF NOT TO AGENCY NAME VEHICLES EXCEED: Department of Conservation and Natural Resources – 3 $93,639 Division of Environmental Protection Department of Corrections – 1 $65,000 Prison Industries Ranch Department of Corrections – 2 $8,511 Prison Industries Ranch Department of Wildlife 3 $94,170 Total 9 $261,320 5.
    [Show full text]
  • Delinquency and Crime in Nevada
    Reports Social Health of Nevada 2006 Delinquency and Crime in Nevada Stephanie Kent Deborah K. Shaffer University of Nevada, Las Vegas Follow this and additional works at: https://digitalscholarship.unlv.edu/social_health_nevada_reports Part of the Community-Based Research Commons, and the Law Commons Repository Citation Kent, S., Shaffer, D. K. (2006). Delinquency and Crime in Nevada. In Dmitri N. Shalin, The Social Health of Nevada: Leading Indicators and Quality of Life in the Silver State 1-25. Available at: https://digitalscholarship.unlv.edu/social_health_nevada_reports/8 This Report is protected by copyright and/or related rights. It has been brought to you by Digital Scholarship@UNLV with permission from the rights-holder(s). You are free to use this Report in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s) directly, unless additional rights are indicated by a Creative Commons license in the record and/ or on the work itself. This Report has been accepted for inclusion in Reports by an authorized administrator of Digital Scholarship@UNLV. For more information, please contact [email protected]. Delinquency and Crime in Nevada* Introduction The United States has always had significantly higher crime rates than other developed nations, and its juvenile crime rates repeat this pattern. Scholars have offered various explanations for this discrepancy, ranging from structural reasons such as a high level of income inequality in the U.S. to the cultural values that encourage Americans to be individualistic, seek autonomy, and engage in violent conduct.
    [Show full text]
  • National Institute of Justice
    If you have issues viewing or accessing this file contact us at NCJRS.gov. U.S. Department of Justice bffice of Justice Programs National Institute ofJustice National Institute of Justice . I 5 5 U e 5 a n..d P r a. c tic e 5 . 152768 U.S. Department of Justice co National Institute of Justice This document has been reproduced exactly as received from the person or organization originating it. Points of view or opinions stated in CD this document are those of the authors and do not necessarily represent the official position or policies of the National Institute of Justice. I'­ Permission to reproduce this _ g ;J material has been granted by Pub1:LC D::>rnain/OJP /NIJ N u.s. Depa.rtIrent of Justice LO I to the National Criminal Justice Reference Service (NCJRS). Further reproduction outside of the NCJRS system requires permission I of the~owner. I \ I ! . , !: .. ,•.•.. " •.•.•:.-:- ...... , H e a ,I t han .d J. U 5 t i ~ e. '. I J __~ ___ ~""'_-; ____';-"".r About the National Institute of Justice The National Institute of Justice (NU), a component of the • The research and development program that resulted in Office ofJustice Programs, is the research and development the creation of police body armor that has meant the agency of the U.S. Department of Justice. NIJ was estab­ difference between life and death to hundreds of police lished to prevent and reduce crime and to improve the officers. criminal justice system. Specific mandates established by Congress in the Omnibus Crime Control and S afe Streets Act • Pioneering scientific advances such as the research and of 1968, as amended, and the Anti-Drug Abuse Act of 1988 development of DNA analysis to positively identify direct the National Institute of Justice to: suspects and eliminate the innocent from suspicion.
    [Show full text]
  • Capital Punishment Nevada Style: a History
    All photos in article courtesy of The Nevada Historical Society. Since 1860, one woman and 74 men have been executed for committing murder in Nevada. The first legal executions were carried out by hanging, in the county where the murder occurred. After 1903, CAPITAL 10 murderers were sent to the gallows at the state prison in Carson City. The method of execution has evolved as PUNISHMENT the legislature sought more humane ways to put murderers to death. On rare occasions, when more than one killer was found guilty, they were both NEVADA executed at the same time. STBY Patty CafferataYLE, ESQ. The first gas chamber at the Nevada State Prison in Carson City. Nevada State Prison and its officers, circa 1880. 6 Nevada Lawyer June 2010 ONLY WomAN At 10:47 a.m. on June 20, 1890, the EXEcutED trap doors dropped. Elizabeth died IN NEVADA minutes before Josiah, becoming The husband and wife the only woman team of Josiah (age 44) and Elizabeth (age 40) Potts was executed in hanged for the murder of Miles Nevada history. Faucett in Carlin, Elko County. In a carefully calculated plan, Elizabeth, who was already married to Josiah, married Faucett in California in March 1887. When her first marriage was discovered, Elizabeth The only woman executed in Nevada, fled back to Josiah. Obsessed, convicted murderer Elizabeth Potts Faucett followed her and died with her husband and partner lived in the Potts’ barn for in crime. a few months. Sometime after January 1, 1888, after signing LARGEst NumBER OF muRDERERS all his property over to the Josiah, Faucett mysteriously disappeared.
    [Show full text]
  • Death Row in Nevada, 2019 CCJP-SS, 2020-01 By: Tereza Trejbalová the Number of People on Death Rows Across the United States Has Decreased Over the Last Two Decades
    Stat Sheet Death Row in Nevada, 2019 CCJP-SS, 2020-01 By: Tereza Trejbalová The number of people on death rows across the United States has decreased over the last two decades. For example, in 1999, there were 3,625 prisoners awaiting an execution compared to 2,673 individuals in 2019 (NAACP, 1999-2019). Nevada currently houses 74 death row prisoners (NAACP, 2019). This Stat Sheet presents demographic information on these prisoners, along with current developments in the state. Key Stats Racial Composition of Nevada vs. National Death Row The racial composition of Nevada’s Prisoners (2019) death row is comparable to the National vs. Nevada national trend. On the national level, 42% of death row 42% White 46% prisoners are White. However, in Nevada, their representation is slightly higher (46%). 42% Black 38% 1 The percentage of Black death row inmates 13% Latino 13% is lower in Nevada (38%) than nationwide (42%). Other races are equally represented 3% Other 3% in Nevada and nationally (16%). Source: NAACP, 2019 Nevada Death Row Prisoners (Decade of Sentence) No death sentences were rendered in years 1992, 2001, and 2002. 30 The decade during which most current 27 25 death row prisoners received capital 20 punishment was the 1990s. Specifically, 1995 17 16 15 was the most active year in the history of 13 2 10 Nevada’s death penalty; seven men who 5 remain on death row in 2019 were Number of Prisoners 1 0 sentenced to death in 1995. Nationally, the 1970-79 1980-89 1990-99 2000-09 2010-19 number of death sentences is decreasing.
    [Show full text]
  • University Microfilms
    INFORMATION TO USERS This dissertation was produced from a microfilm copy of the original document. While the most advanced technological means to photograph and reproduce this document have been used, the quality is heavily dependent upon the quality of the original submitted. The following explanation of techniques is provided to help you understand markings or patterns which may appear on this reproduction. 1. The sign or "target” for pages apparently lacking from the document photographed is "Missing Page{s)". If it was possible to obtain the missing page(s) or section, they are spliced into the film along with adjacent pages. This may have necessitated cutting thru an image and duplicating adjacent pages to insure you complete continuity. 2. When an image on the film is obliterated with a large round black mark, it is an indication that the photographer suspected that the copy may have moved during exposure and thus cause a blurred image. Y ou will find a good image o f the page in the adjacent frame. 3. When a map, drawing or chart, etc., was part of the material being photographed the photographer followed a definite method in "sectioning" the material. It is customary to begin photoing at the upper left hand corner of a large sheet and to continue photoing from left to right in equal sections w ith a small overlap. If necessary, sectioning is continued again - beginning below the first row and continuing on until complete. 4. The majority of users indicate that the textual content is of greatest value, however, a somewhat higher quality reproduction could be made from "photographs" if essential to the understanding of the dissertation.
    [Show full text]
  • Prison Struggle
    page 14) PRISON STRUGGLE In 1960, the year that George Jackson went 1970-71 lockup; 63 are wounded when guards then open to prison, the New York Times reported September 14. Timothy Leary escapes from Cali- fire. On February 13, prisoners stage a hunger eleven riots, strikes and work stoppages in the fornia Men's Colony West, in San Luis Obispo; strike. country's prisons; most of these actions were Later credits the Weatherman underground for his Febntary 23. Prisoners at Maryland State Prison seize relatively small. In contrast, in 1970-71, the escape. a guard and demand a hearing of grievances. Two October 2-10. Unprecedented revolt in the 4 New hours later they release him, after Governor Man- following strikes, riots, movements, and es- York City Houses of Detention. On October 2, del and Associated Press newsmen promise to listen cape attempts were reported in the national 7 hostages are taken in the Long Island City branch to their grievances. The only result is that the state press. It is likely that this chronology repre- of the Queens House of Detention. Prisoners de· commissioner of corrections is dismissed by the sen· s only a part of this activity, since much mand a parley with city officials on live television; governor in September, allegedly because he is too their main demand is for speedier trials. liberal and is under fire from conservative legis· of what goes on in prisons has gone unre- October 3. The revolt spreads to the Tombs, wilere lators. ported. one floor is taken over, and 18 hostages are seized.
    [Show full text]
  • Torture in United States Prisons Evidence of Human Rights Violations 2Nd Edition
    Torture in United States Prisons Evidence of Human Rights Violations 2nd Edition American Friends Service Committee Northeast Region Healing Justice Program Edited by: Bonnie Kerness Coordinator, Prison Watch Editorial Assistant: Beth Breslaw Intern, Prison Watch Torture in United States Prisons Evidence of Human Rights Violations 2nd Edition American Friends Service Committee Northeast Region Healing Justice Program Edited by: Bonnie Kerness Coordinator, Prison Watch Editorial Assistant: Beth Breslaw Intern, Prison Watch © 2011 American Friends Service Committee Northeast Region Prison Watch Project 89 Market Street, 6th floor Newark, NJ 07102 www.afsc.org (973) 643-3192 Cover art by Todd (Hyung-Rae) Tarselli CONTENTS Introduction 2 Isolation 5 Communications Management Units 27 Health and Medical Services and Conditions 32 Mental Illness 39 Use of Force and Devices of Torture 45 Contraband Surveillance Watch 59 Racism 65 Women in Prison 72 How you can get involved 79 Appendix 83 Glossary 90 Special thanks to King Downing, on whose work “How You Can Get Involved” (pages 79-82) is based. Torture in United States Prisons | Evidence of Human Rights Violations Introduction When prison doors close behind men and women they become our prisoners. If we are their family and friends, we may visit, write, call, and advocate on their behalf. If they are anonymous, we will likely dismiss them with the thought, “they broke the law—that was their choice— and now they must pay the penalty.” And we proceed about our daily lives without looking over the prison wall. It is time we did just that; prisons reflect the societies that create them.
    [Show full text]